PORT TOWNSEND — Jefferson Transit has filed suit against the city of Port Townsend, contesting a zoning change on property that it seeks to sell as part of its move to larger quarters.
The City Council’s rezone action it approved Dec. 8 for 3 acres at 1615 W. Sims Way was counter not only to Transit’s request but also to a decade-long plan for the area, according to Jefferson County Commissioner David Sullivan, who is also a member of the Transit Board.
“This has always been part of the ‘gateway plan’ for the property, to rezone it as commercial,” Sullivan said.
“We’ve been going on that assumption for years and were surprised to see the city change its mind without a good reason.”
The Transit request, for which agency officials expected no opposition, was to change the property’s current public infrastructure (P-I) designation to general commercial (C-II).
Instead, the City Council split the property, designating a portion of the property as C-II and another person as medium-density single-family residential (R-II).
The lawsuit, filed in Jefferson County Superior Court on Dec. 29, asks the court to reverse the city’s decision and designate the entire property as commercial.
The initial hearing will be Feb. 13 in Jefferson County Superior Court at the courthouse at 1820 Jefferson St. in Port Townsend.
The complaint, filed by Port Angeles attorney Craig L. Miller, who is representing Transit, says “the property is harmed by the rezone, since the decision of the City Council down zones a portion of the property to a zone of lesser value and utility than petitioner’s requested rezone.”
City Attorney Steve Gross said there would be no comment from city employees about the case.
City Councilwoman Michelle Sandoval also declined comment.
Minutes of the Dec. 8 council meeting say that city Planning Manager Judy Surber proposed the split because it would protect the residential character.
It did not hinder the commercial value of the property, Surber said.
If the court rules in Transit’s favor, the city would be forced to reopen the process and change the zoning, according to Miller.
Transit seeks to sell the property and move its administration and operations to a new facility in the Four Corners area and its customer service component to the building at the Haines Street Park and Ride now occupied by the Jefferson County Chamber of Commerce.
The move is scheduled for March.
Sullivan said that if the entire property isn’t designated as commercial, the agency would lose money.
Assessments of the property reflected about a $150,000 difference between the two zoning designations, he said.
On Thursday Jefferson Transit Manager Tami Rubert declined to give the assessment numbers.
Miller said he expects the entire lawsuit process to take about three months.
The next step is to provide transcripts of all instances when the matter was addressed during Planning Commission and City Council meetings and certify them for the record, Miller said.
“The city has never given us a straightforward answer why this was changed,” Sullivan said.
“It’s kind of bizarre they would do this, since the proposal follows their own code requirements and is part of a plan that has been in place for more than 10 years.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
